Monroe v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Monroe, from a judgment of the County Court of Orleans county, entered in the office of the clerk of the county of Orleans on the 2d day of February, 189Y, reversing a judgment of a justice of the peace in an action in replevin brought to recover certain personal property described in the affidavit and papers used before the justice.
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Appeal by the plaintiff, Mary Monroe, from a judgment of the County Court of Orleans county, entered in the office of the clerk of the county of Orleans on the 2d day of February, 189Y, reversing a judgment of a justice of the peace in an action in replevin brought to recover certain personal property described in the affidavit and papers used before the justice. The judgment of reversal aw.ards the defendant “ $30.00 costs of this appeal * * * and costs and disbursements, and further costs and disbursements to be taxed by the'clerk.”' The judgment of reversal contains the following language:…
1Opinion of the Court
Hardin, P. J.:
Manifestly a mistake was made in delivering to the defendant a copy of the summons, which copy was filled out as though the sum*296mons was returnable on the first of August. The original summons was returnable on the first of September. The affidavits presented to the County Court established that there wras an error in fact in respect to the ©opy of the summons that was served upon the defendant. The return made by-the constable upon the summons was presumptive evidence- of the service of it in the manner stated, but if was competent to rebut such presumption , by the affidavits…
2Cases cited9 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Harvey v. RickettNew York Supreme Court · 1818
- Wavel v. . WilesNew York Court of Appeals · 1862
- Waring v. McKinleyNew York Supreme Court · 1862
- Clute v. . KniesNew York Court of Appeals · 1886
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3Cited by2 opinions
- Epstein v. ProsserAppellate Division of the Supreme Court of the State of New York · 1909
- Flewellin v. LentAppellate Division of the Supreme Court of the State of New York · 1904